HB189: HB189 Notaries public; limitations regarding certain notarial acts; provide

Georgia law currently lets notaries public perform notarizations but does not clearly spell out what notarial work does not include. HB189 adds a new section to the notaries public law (O.C.G.A. Chapter 17 of Title 45) that draws firm lines around what a notary commission does and does not allow. Under the bill, a notary could not draft legal documents, give legal advice, act as an immigration consultant, represent someone in an immigration case, get paid for those activities, or make certified copies of public records. Notaries other than licensed Georgia attorneys could not use the terms 'notario' or 'notario publico' or advertise that they can give legal help. Notaries must post their legal fee schedule in English and any language they advertise in, and cannot withhold an original document from a client. The Attorney General or a prosecuting attorney could seek a court order (injunction) against violators, and misuse of the term 'notario' or false advertising would count as a deceptive trade practice under Georgia's consumer protection law (O.C.G.A. § 10-1-427).

• Prohibits notaries public from drafting legal documents, giving legal advice, or otherwise practicing law without a Georgia law license.
• Bans notaries from acting as immigration consultants or representing people in immigration cases, citizenship matters, or related proceedings.
• Forbids non-attorney notaries from using the terms 'notario' or 'notario publico' or advertising that they can provide legal help.
• Requires notaries who advertise in a language other than English to post their fee schedule in that language plus English, with a required notice.
• Bars notaries from withholding an original document a client gave them for notarization.
• Allows the Attorney General or a prosecuting attorney to seek an injunction against violators and makes certain violations a deceptive trade practice under O.C.G.A. § 10-1-427.

Georgia notaries public, especially those who serve immigrant communities or advertise in languages other than English; people seeking notarization or immigration help; attorneys licensed in Georgia, who remain exempt from some restrictions; and the Attorney General and local prosecutors, who gain enforcement authority.

Some notaries, sometimes called 'notarios' in other countries where the title implies legal authority, have been accused of misleading immigrants into believing they can provide legal representation. This bill would restrict that practice in Georgia, require clearer fee disclosures, and create legal consequences for notaries who overstep their role.

• Adds new Code Section 45-17-21 to Georgia's notaries public law listing five things a notary commission does not authorize, including practicing law and acting as an immigration consultant.
• Subsection (c) bars notaries from executing notarial certificates they know to be false or acting with intent to deceive or defraud.
• Subsections (d) and (e) restrict non-attorney notaries from using 'notario'/'notario publico' or advertising legal services.
• Subsection (g) requires posting of the statutory fee schedule (O.C.G.A. § 45-17-11) in English and any language used to solicit business.
• Subsection (h) gives the Attorney General or a prosecuting attorney power to seek injunctive relief against violators, without limiting the State Bar of Georgia's authority.
• Subsection (i) makes violations of the 'notario' and advertising restrictions a deceptive trade practice under O.C.G.A. § 10-1-427.
• Section 2 repeals conflicting laws.

1. 2025-02-03House Second Readers (House)
2. 2025-01-30House First Readers (House)
3. 2025-01-29House Hopper (House)

• Marvin Lim (D, HD-098)Primary sponsor
• Kasey Carpenter (R, HD-004)
• Karen Lupton (D, HD-083)

• notaries public
• immigration consultants
• consumer protection
• legal practice regulation